The major U.S. Supreme Court ruling in Fulton v. Philadelphia ( .pdf here ) allows a Catholic agency to avoid placing foster-care children with same-sex couples. Importantly, the Catholics will place gay children and will place children with gay singles since there’s no conscience crisis over defying the church’s doctrines…
A narrow SCOTUS ruling with serious implications for religious liberty
On Thursday, the Supreme Court issued a much-anticipated ruling in Fulton v. City of Philadelphia. In 2018, the city of Philadelphia barred Catholic Social Services (CSS) from placing foster children, as it had been doing for over 200 years, unless it changed its policy on same-sex households. Rather than compromise…
Supreme Court issues a win for religious liberty, but just barely
The Supreme Court this week took one small step for religious freedom. Unfortunately, it failed to take the giant leap needed to fully protect religious practice. In Fulton v. City of Philadelphia , the court considered the plight of the Catholic church, which has served Philadelphia’s needy children in various…
Protecting free exercise under Smith and after Smith
This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia . Thomas C. Berg is the James L. Oberstar professor of law and public policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott distinguished professor of law…
Supreme Court Rules For A Catholic Group In A Case Involving Gay Rights, Foster Care
The U.S. Supreme Court on Thursday sided with Catholic Social Services in a battle that pitted religious freedom against anti-discrimination laws in Philadelphia and across the country. The court declared that the private Catholic agency was entitled to renewal of its contract with the city for screening foster parents, even…
Supreme Court Rules Catholic Group Doesn’t Have To Consider LGBTQ Foster Parents
With six conservative justices, the U.S. Supreme Court sided with a Catholic group in its dispute with the city of Philadelphia over LGBTQ couples and foster care. Image: Erin Schaff/AP The U.S. Supreme Court on Thursday sided with Catholic Social Services in a battle that pitted religious freedom against anti-discrimination…
Guest Commentary: Let’s talk discovery, religion and logo
Anticipating the Santa Maria Joint Union High School District’s pending assessment of its Columbus ship logo, I respond to recent commentary that asserted the logo is “fully fitting” for the district. The commentary is informative for evaluating the logo’s appropriateness, but not in the way its author intended. Consider two…
Federal appeals court rules Vermont cannot exclude religious education from private school tuition program
Vermont tuition program Vermont’s Town Tuition Program (“TTP”) requires school districts that lack a public high school to provide for its residents’ high school education by paying private school tuition. Because Vermont’s constitution guarantees that “no person shall be compelled to support a place of worship,” the Vermont Supreme Court,…
A Supreme Court decision involving Philadelphia and religious rights is coming. Here’s what you need to know.
The Supreme Court will decide a case involving Philadelphia’s refusal to contract with Catholic Social Services over the group’s refusal to place foster children with same-sex couples. The U.S. Supreme Court is expected to issue its opinion within the month on a closely watched case that grapples with religious rights…
Religious freedom case over Roy church discipline matter is revived by Utah Supreme Court
The Scott M. Matheson Courthouse in Salt Lake City is shown in this undated photo. The building houses the Utah Supreme Court and the Utah Court of Appeals. ROY — The Utah Supreme Court has revived a religious freedom dispute, instructing an Ogden court to take another look at a…
California churches celebrate win for religious liberty as state agrees to pay $2.1M over lockdown battles
Churches in California are celebrating their victory for religious freedom after a religious freedom legal group secured settlements requiring the state to pay $2.1 million in attorneys’ fees to a Pentecostal church and a Catholic priest and to never again impose discriminatory restrictions on houses of worship. In an injunction…
Trump Judges Rule that State Must Pay Tuition at Religious High School: Confirmed Judges, Confirmed Fears
People For the American Way “ Confirmed Judges, Confirmed Fears ” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. Cases in the series can be found by issue and by judge at this link Second Circuit Trump judge Steven Menashi wrote…
Federal court: Vermont can’t exclude religious schools from tuition program
Members of the Mount St. Joseph Academy Esports team Destiny Jurado, Jeremy Gillespie and Keith Dishaw Sinclair are pictured at the school in Rutland., Vt., Feb. 25, 2020. (CNS photo/Cori Fugere Urban, Vermont Catholic) A federal appeals court on Wednesday ruled that the state of Vermont cannot refuse to fund…
Federal court: Vermont can’t exclude religious schools from tuition program
Stephen Kiers/Shutterstock A federal appeals court on Wednesday ruled that the state of Vermont cannot refuse to fund tuition for religious institutions that would otherwise qualify for the funding. The June 2 ruling by the U.S. Court of Appeals for the Second Circuit changes a state no-aid policy that dates…
Gorsuch turns down Colorado churches’ request to block COVID restrictions
Justice Neil Gorsuch declined to grant emergency relief to a pair of Colorado churches. (Art Lien) In the latest battle over restrictions imposed during the COVID-19 pandemic, Justice Neil Gorsuch rejected a request from two Denver-area churches to block the enforcement of Colorado’s disaster law. Denver Bible Church and Community…
Federal judge rules against courtroom prayer policy in Montgomery County
A federal judge has ruled against Montgomery County Judge Wayne Mack’s practice of opening his court with a prayer said by a member of a volunteer chaplain program. Southern District of Texas Judge Kenneth Hoyt on Friday deemed the prayers violated the Establishment Clause, which is the Constitutional provision prohibiting…
Q and A: Association of Christian Schools International
Association of Christian Schools International logo. The Association of Christian Schools International, a Colorado Springs-based organization founded in 1978 that aims to advance “excellence in Christian schools by enhancing the professional and personal development of Christian educators and providing vital support functions for Christian schools.” ACSI has over 2,200 member…
The IRS’ Lawsuits, Awards, and Settlements Audit Techniques Guide
Some time ago, the IRS issued an Audit Techniques Guide on the taxation of lawsuits, awards, and settlements. As many tax practitioners can attest, there are a multitude of tax issues involving any one of these issues. In any event, and although the Audit Technique Guide (“Audit Guide”) is somewhat…
Top court finds expelled parishioners don’t have a legal contract with their church
The Supreme Court of Canada Building on May 12, 2021 (Jolson Lim/iPolitics) In a 9-0 decision on Friday, the Supreme Court of Canada ruled that there is no underlying legal contract when someone joins a voluntary organization, even if that organization has a constitution and by-law, and, even if that…
Ministerial Exception Put to the Test in Latin America
COMMENTARY: A decision in the Sandra Pavez case in Chile will have broad implications for the protection of religious liberty globally. Cathedral of San Bernardo, Chile. (photo: Wikimedia Commons) Reconciling respect for Catholic teaching on sexuality with the demands of the LGBT movement is aided by a robust protection of…
Attorney: Court case not settled as Sunrise seeks state pact renewal
Cabinet for Health and Family Services (shown) and Sunrise Children’s Service have not come to an agreement on a 21-year-old case, say Sunrise’s counsel. LOUISVILLE, Ky. (KT) — A long-standing case between Sunrise Children’s Service, the Cabinet for Health and Family Services and a former Sunrise employee is far from…
Attorney: Court case not settled as Sunrise seeks state pact renewal
Cabinet for Health and Family Services (shown) and Sunrise Children’s Service have not come to an agreement on a 21-year-old case, say Sunrise’s counsel. LOUISVILLE, Ky. (KT) — A long-standing case between Sunrise Children’s Service, the Cabinet for Health and Family Services and a former Sunrise employee is far from…
How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation
More than 159 million people voted in the 2020 federal election and 2021 Senate runoffs, giving Democrats “trifecta” leadership of the White House, Senate, and House. Since then, Republican-controlled state legislatures around the country have teed up hundreds of bills aimed at making it harder to vote. Proponents of these…
RIZZO CAMPAIGN ANNOUNCES FAITH LEADERS ADVISORY COUNCIL
BREAKING: RIZZO CAMPAIGN ANNOUNCES FAITH LEADERS ADVISORY COUNCIL FOR IMMEDIATE RELEASE PLUMSTED – Today, the Rizzo for Governor Campaign announced the formation of the Faith Leaders Advisory Council, comprised of religious leaders of different faiths and religious denominations. The Council will meet regularly to address first amendment issues in New…
Massachusetts Church Asks Court to Toss Governor’s Discriminatory Restrictions on Religious Exercise
BOSTON, May 10, 2021 (GLOBE NEWSWIRE) — On behalf of New Life South Coast in New Bedford, Massachusetts, First Liberty Institute, the Massachusetts Family Institute, and the global law firm Jones Day, today filed a lawsuit against Massachusetts Governor Charlie Baker, New Bedford Mayor Jonathan Mitchell, and several other officials…